The Situation of Children from Annulled Marriages in Peasant Communities of Late Medieval Poland – Legal Regulations vs. Reality

This article explores the complex situation of peasant children born into families that were initially considered legitimate by both the Church and society, until marital impediments were proven in court. The annulment of a marriage, and consequently the dissolution of the family, resulted in a complete change in their previously stable living situation. A cautious attempt has been made to estimate the number of families and children who may have been affected by this issue. Subsequently, the legal consequences of marriage annulment for the children are examined, with particular attention given to their legitimacy and the issue of their custody. The diverse practices of ecclesiastical courts are analyzed, alongside the exploration of the motivations guiding the judges in issuing their decisions. Attention has also been drawn to the fact that the issue under discussion generated certain social repercussions and represented an atypical situation within the family structures of the period.

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Publication Details

Journal
Res Historica
Published
2025-11-28
DOI
https://doi.org/10.17951/rh.2025.60.245-264
Primary Topic
Historical and Archaeological Studies
Type
article
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article

The Situation of Children from Annulled Marriages in Peasant Communities of Late Medieval Poland – Legal Regulations vs. Reality

Małgorzata Kołacz‐Chmiel
Res Historica
Historical and Archaeological Studies
article

The Situation of Children from Annulled Marriages in Peasant Communities of Late Medieval Poland – Legal Regulations vs. Reality

Małgorzata Kołacz‐Chmiel
article en

Abstract

This article explores the complex situation of peasant children born into families that were initially considered legitimate by both the Church and society, until marital impediments were proven in court. The annulment of a marriage, and consequently the dissolution of the family, resulted in a complete change in their previously stable living situation. A cautious attempt has been made to estimate the number of families and children who may have been affected by this issue. Subsequently, the legal consequences of marriage annulment for the children are examined, with particular attention given to their legitimacy and the issue of their custody. The diverse practices of ecclesiastical courts are analyzed, alongside the exploration of the motivations guiding the judges in issuing their decisions. Attention has also been drawn to the fact that the issue under discussion generated certain social repercussions and represented an atypical situation within the family structures of the period.

Res HistoricaVol. 60
Maria Curie-Skłodowska University (PL)
Openalex Percentile: Top 69%
Historical and Archaeological Studies
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The Situation of Children from Annulled Marriages in Peasant Communities of Late Medieval Poland – Legal Regulations vs. Reality — Małgorzata Kołacz‐Chmiel · Res Historica (2025) | TGRS Research Map | TGRS